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Resolution 1986-022 February 11, 1986 RESOLUTION 86 - 22 RELATING TO PETITION FDPO-86-V-1 FOR A VARIANCE FROM THE MINIMUM REQUIREMENTS OF THE FLOOD DAMAGE PREVENTION ORDINANCE (ORD. NO. 79-62). WHEREAS, the petitioner Vanderbilt Beach Marina desires to build a boat storage building at 179 Commerce Street (Lots 11-17, Block A, Vanderbilt Beach Center, and has requested a variance from the floodproofing requirements of Ord. No. 79-62; and, 1 I WHEREAS, the Board of Zoning Appeals has held a 8 PP public hearing as • required by law; has reviewed Petition FDPO-86-V-1 in accordance with Section 18 (5), (6) and (7) , and has made a finding that the granting of this petition complies with the intent and purpose of Ord. 79-62 as follows: (5) The grEnt of a variance to use a lesser degree of floodproofing is the miuimum variance necessary, considering the flood hazard,,' to afford relief. (6) The variance is issued upon: • (a) A showing of good and sufficient cause based on review ' • of considerations contained in (7), following. + ' (b) ,i determination that failure to grant the variance would • result in exceptional hardship to the applicant. (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause • fraud on or victimization of the public, or conflict with existing local laws or ordinances. (7) In passing upon this variance, the Board of Zoning Appeals has 1 ' considered all technical evaluations provided to it, all relevant factors, the standards specified in Ordinance No 79-62, especially • those contained in Paragraph 18 (7)(a-m) • NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that Petition • FDPO-86-V-1 is hereby granted subject to the following conditions: 1. The variance shall be to use a lesser degree of floodproofing than that ', ,�•� required by Ordinance No. 79-62. • • 2. The area below the base flood elevation will be used only for dry bost storage. • 3. The Chief Administrative Official shall mail a copy of this Resolution to the petitioner by registered return receipt and such mailing shall ,. •, constitute compliance with Section 18, Paragraph (10) of Ord. No. 79-62 300K 0d 92 157 which reads as follows: P .c • Febriary 11, 1986 • . '. • 092=7- 4158 "Any applicant, to whom a variance is granted, 4 30flK shall be given written notice that when a { structure is permitted to be built with the , lowest floor elevation below the base flood elevation, the cost of flood insurance will be commensurate with the increased risk resulting • from the reduced lowest floor elevation." '1` I 4. The granting of this variance has been predicate( principally on the engineering data and information provided by the petitioner and a review of same with respect to the considerations required by the Ord. No. 4 79-62. The granting of this variance by the Board of Zoning Appeals does not make or imply any assurances that the subject property or structures . '6 are not subject to flood damages. • 1 ■ Further, the granting of this variance shall not create liability on i • , • the part of Collier County or by any officer or employee thereof for any flood damages that result from reliance on this variance or any adminis- trative decision lawfully made thereunder. • • In accepting this variance, the petitioner assumes all respon- • sibility for any property damage resulting from its application. • Commissioner Goodnight motioned, seconded by Commissioner , .11 Voss for the adoption of this Resolution. Upon all for the j. vote, the motion carried. COMMISSIONER Goodnight Motioned and aye •, COMMISSIONER Voss Seconded and aye • COMMISSIONER Hasse Aye "COMMISSIONER Holland Aye i • i COMMISSIONER Pistor Aye a BOARD OF COUNTY COMMISSIONERS DATE: February 11, 1986 COLLIER COUNTY, FLORIDA - ATTEST: CCi' BY A (;(1 �l1/�� , • _:.WILLIAMIJ •1R CLERK EAGAN, CLE i CHAIRMAN i` a • .•` 6 • ,,. Approved as;to form and <'2:'legal suuc fciency: Keneth B. Cuyler Assistant County A to ney • IMcD/sgg/MON-107 ' Planning Dept. 11 MINN ': 8E98473u' 1988 FEB 13 Pm 2 1� 081 1 78 82400 o CBLLIER COUNTY RECORDED laR.' 'B I Act NOTICE OF VARIANCE TO FLOOD DAMAGE PREVENTION ORDINANCE February 11, 1986 • • Notice is hereby given that the Collier County Board of County Commissioners did• this 11th da of February 1986, grant to: VANDERBILT BEACH MARINA a variance to the Flood Damage Prevention Ordinance (County Ordinance 1 No. 79-62). The property on which this variance was granted is located at: 179 Commerce Street (Lots 11-17 Block A, Vanderbilt Beach Center) 1 o' Remarks: Floodproofing variance from the watertight standard of County Ordinance 1175-62. The portion of the building below the Base Flood Elevation to be used for boat storage only. NOTE: The granting of this variance will result in higher flood insurance rates for this property. , } By: Planning/Zoning Director t WITNESS MY HAND AND SEAL this /3 day of F 5ruq. 1986. • Notary Public " `�v (SEAL) ' My Commission Expires: „ _ ,� 1. • • t to Notice Of Variance Form tOACd O o V.rI . l , . Wn L LOMUCloNI 1l Y R(ACone GALO1N�•• • t } • • BOOK 092 P^rr 159